Trinity Broadcasting Seeks FCC's Forgiveness on Digital Deadline

[Gregg Lengling]

By threatening sanctions against delinquent stations, the agency is trying to speed up the slow rollout to DTV.

By Edmund Sanders, Times Staff Writer


Santa Ana-based Trinity Broadcasting Network boasts in its latest newsletter that it's rapidly expanding the company's digital TV reach for its popular religious programming: "Look out satan, God's Kingdom is coming!"

There's just one problem: It's not coming quickly enough for the Federal Communications Commission.

Trinity is among a handful of television broadcasters that may be slapped with the FCC's first-ever sanctions for missing last year's government-set deadline to begin sending digital signals.

Trinity, which in recent months has brought most of its delinquent stations into compliance with the new digital standards, is asking the FCC to give it until spring to get the remaining three in line. The company has blamed its tardiness on construction delays caused by bad weather, local permitting issues and equipment delivery problems.

"There's not a lot we can do about that," said Trinity attorney Colby May. "We don't believe that it would be appropriate for the FCC to deny our extension request and certainly not to seek any fines for missing the deadline."

The FCC's threat comes as the agency grows increasingly frustrated by the slow rollout of digital television. Officials are currently focusing on 17 delinquent broadcasters nationwide, including the three Trinity stations and ABC affiliate KAEF-TV in Eureka, Calif. The agency's Media Bureau is considering a range of possible sanctions, including fines and license suspensions or revocations.

Last week, FCC Media Bureau Chief W. Kenneth Ferree told commissioners that among his priorities for 2003 is keeping "the broadcast DTV transition on track" and that he won't hesitate to levy sanctions "on stations that fail to build out their DTV facilities."

Still, it's possible the threat is merely saber rattling by the agency. Officials stress that they are still willing to work with delinquent broadcasters if the violators can point to extraordinary circumstances that have caused delays.

"Our goal is to get everyone up and running, not to punish these stations," said FCC spokeswoman Michelle Russo.

More than 75% of the nation's approximately 1,300 commercial TV stations missed May's deadline to begin transmitting digital signals, although most -- 843 -- received six-month waivers from the FCC.

Congress has set a target date of 2006 to complete the switch to digital television, though few expect that schedule will be met.

Nevertheless, lawmakers and the FCC continue to push broadcasters, cable operators and TV manufacturers to accelerate the rollout of digital TV, which promises to offer consumers advanced services, including interactivity and high-definition pictures.

The government is also eager to reclaim billions of dollars worth of analog spectrum from broadcasters once they convert to digital signals. The government can then auction off the spectrum or use it for other purposes, such as enhancing communications for emergency workers.

To speed along the changeover, the FCC has ordered TV manufacturers to install digital tuners in most sets by 2007. The agency also is preparing to adopt rules requiring cable operators to make set-top boxes compatible with digital TVs.

The threat of sanctions against broadcasters now turns up the heat on another key industry involved in the transition.

"The FCC should look harshly upon those broadcasters who are not living up to their commitment," said Jeff Joseph, spokesman for the Consumer Electronics Assn., which has clashed with TV station owners over who is to blame for the slow shift to digital television.

For its part, the National Assn. of Broadcasters downplayed the significance of possible sanctions. "The fact that a minuscule number of stations in mostly small markets may face FCC sanctions should not obscure our industry's commitment to a rapid transition to digital," spokesman Dennis Wharton said.

To date, 359 of the nation's commercial stations are on the air with full-power digital signals, according to the FCC. An additional 448 have special permission to phase in their digital signals with tests and low-power signals.

In larger TV markets, adoption has been relatively speedy. All but nine of the 119 network affiliates in the top 30 markets are transmitting digitally in some form.

But in smaller markets, more than 600 stations recently asked the FCC for a second six-month extension. Converting to digital can cost even a small station as much as $1 million.

The agency has been lenient, granting waivers when stations can demonstrate that there are significant obstacles. Last summer, all but 71 requests for extensions were granted.

KAEF-TV, owned by Lamco Communications, was among those rejected despite the station's claims that it could not find a new tower to carry a digital signal, and that its current landlord was demanding twice the rent to carry both digital and analog signals.

Lamco said that it plans to begin sending digital signals from KAEF by May and that it has been aggressively rolling out digital at its other stations, including an NBC affiliate in Virginia that has been multicasting a second digital broadcast of the WB Network.

Lamco President Marshall Noecker on Thursday questioned why Lamco may be hit with a fine while several rivals earned extensions. "It seems out of kilter," he said, "since we've been way ahead of everyone else."